In an 8-0 decision, the Supreme Court of Canada has finally held, clearly, that the Tsilqot'in people have title to their traditional territory.Exactly what 'aboriginal title' means has been a subject of controversy for decades. This decision will have enormous impact in B.C., where almost all of the land in the Province belongs to First Nations people, having never been ceded or treatied. In turn, that gives First Nations enormous power with resepct to resource development - including the Enbridge pipeline.

"For centuries the Tsilhqot’in Nation, a semi-nomadic grouping of six bands sharing common culture and history, have lived in a remote valley bounded by rivers and mountains in central British Columbia. It is one of hundreds of indigenous groups in B.C. with unresolved land claims. In 1983, B.C. granted a commercial logging licence on land considered by the Tsilhqot’in to be part of their traditional territory. The band objected and sought a declaration prohibiting commercial logging on the land. Talks with the province reached an impasse and the original land claim was amended to include a claim for Aboriginal title to the land at issue on behalf of all Tsilhqot’in people. The federal and provincial governments opposed the title claim." (from the judgement)

Some of the issues which this case settled:1. A First Nation has title even if they were a nomadic nation and did not have defined settlements, as long as they regularly used the territory.2. The proper way for the constitutionally-protected rights of aboriginal people to be reconciled with the rights of other Canadians is outlined. First Nations title gives that First Nation the exclusive right to decide how the land is to be sued and the right to benefit from those uses. 3. The Crown can negotiate with First Nations and get their consent.4. If the Crown does not have consent, it may in some circumstances still go onto First Nations territory: but it must a. Comply with its procedural duties b. Justify any incursion into Aboriginal title lands by showing that there is a "pressing and substantial" government objective AND that the government is acting in a way that is consistent with its fiduciary duty to the Aboriginal title-holder.

The government must respect the Aboriginal title in both present and for future generations; and it must show that it is making the smallest possible incursion into the territory to achieve its goal (minimal impairment); and the benefits the government gets must not be outweighed by disadvantage to the First Nation.5. If aboriginal title has not been established in an area of the province, then provincial laws of general application apply. So the government can issue licences under the Forestry Act, for example. But once aboriginal title is established the land no longer falls under the Forest Act as "crown land". 6. If the province wants to issue forestry licences on land belonging to First Nations, it must either get their consent, or be able to demonstrate that the licences are necessary to accomplish a "pressing and substantial" objective AND be able to show that the benefit to government is not outweighed by the detriment to the First Nation.

It will be in the context of pipelines in BC that this decision will have an enormous impact.

This case marks the beginning of a new relationship between settlers and First Nations people. Settlers must stand in alliance with First Nations people as the implications of this decision are worked out everywhere in BC and Canada.

Following BC's lead, Alberta has agreed to issue a birth certificate showing a changed gender to 12 year old Wren Kauffman, and the certificate was presented to Wren at a Pride celebration in Edmonton by the Minister. Wren's story is hereIn BC recent changes to the law make it possible for anyone, including minors, to change the sex designation on their birth certificate if a doctor or psychologist certifies that their original gender on their birth certificate does not conform to their gender identity. But Harriette Cunningham is fighting to have ALL gender markers removed from birth certificates. Having either an M or an F doesn't work, ever, for three classes of people: intersex people, people who later transition from their birth-recorded gender (but have to spend years with the wrong gender marker) and people whose gender is neither, or both, M/F, or something else entirely. Harriette has a human rights complaint in the works.

I never dreamed I would see this day in my lifetime. It did not even occur to me as something to wish for.At a historic meeting of more than 4100 lawyers across B.C. yesterday, lawyers voted overwhelmingly to direct the Benchers (governors of the legal profession) to rescind their accreditation of Trinity Western University's proposed law school. TWU requires its students to sign a covenant that they will not engage in sex outside of HETEROSEXUAL marriage. The Benchers had voted in April to accredit TWU notwithstanding the covenant. They defended their covenant on the basis of religious belief.Mike Mulligan, a Victoria lawyer, petitioned the Law Society to hold yesterday's special general meeting. The meeting was four times larger than the largest meeting of BC lawyers ever. About one lawyer out of three in the province participated in the vote. I and many other lawyers (4:1 in the speakers' lines) spoke in favour of the motion. (starts at 1:23) And the result was overwhelming: 77% of the lawyers voted to direct the Benchers to rescind their approval of TWU.The Benchers meet on Friday to decide what to do in the face of the unqualified rejection of their position by the legal profession. Yesterday's resolution is not binding on them; but if they do not substantially implement the resolution within one year, we can compel a binding referendum. Today, I am fiercely proud of my colleagues in the bar who stood up for equality rights. It is a good day to be a lawyer.

Today starting at 1230 more than 2000 lawyers will gather at 16 locations around the province to vote on a resolution to overturn the Benchers decision to accredit law graduates from Trinity Western University.Twu requires all students and faculty to sign a covenant saying they will not have sex except in a heterosexual marriage.Nova Scotia and Ontario law societies refused to grant accreditation to TWU.FORLAWYERS: you can show up as late as 555pm, and register and vote on the spot if you have court etc.Bethere. Speak. This is the first time in the western world that an entire legal profession stands up for the rights of ALL lawyers. Follow #twuvote.

In an unprecedented move, lawyers will vote on Tuesday whether to overturn the decision of their governors (called Benchers) about Trinity Western University.TWU is a private Christian school that is opening a law school. The law school has been accredited by B.C., a move being challenged in the courts.But in addition to being accredited, TWU also had to get every provincial law society to agree that it would recognize a degree from its new law school. TWU has an odious requirement that a student must sign a covenant agreeing, among other things, never to have sex except in a HETEROSEXUAL marriage. BC's law society said it would recognize TWU law degrees notwithstanding the discriminatory covenant; the law societies of Ontario and Nova Scotia said no. Read an excellent analysis by Jamie McLaren, one of the Benchers who voted against recognizing TWU degrees.Lawyers: registration can be done on a 'fast track' (see the Law Society website); the Vancouver venue is the Convention Centre. Meeting starts at noon; secret ballot voting is open till 6 pm.

Fiona Chen is an amazing woman whose 11 year old son was assigned female at birth. Fiona addressed the Vancouver School Board, and today on CBC Radio talked to Rick Clough. The podcast is here.If you wonder why we do activist work, this is why. I am so proud to stand with Fiona and her son.

Big changes are happening in B.C. with respect to gender markers. We aren't there yet, by a long stretch, but things are now easier than they have been.Changes to the Vital Statistics Act took effect May 30. Those changes do two main things. You no longer need to have any particular medical treatment to change the gender on your birth certificate. You need only a letter from a doctor or a psychologist which says that the sex designation on your birth registration does not correspond with your gender identity, and a statement from you saying that you have assumed (whichever gender), identify with that gender identity and intend to maintain it.If you are a minor (under 19) you also need a consent from your guardians, or, if they won't give it, there is a process for the Registrar to decide it is in your best interest to have a change. (If you are in that situation, let me know through the contact form on this website). NOTE: you have to have been born in B.C.!You are still stuck with only M or F as the choices. At the same time, there have been changes to the procedure for getting gender markers on your BC i.d. (drivers licence, BC I.D. card, or health card). Details of the new procedure can be found here.